Brief Introduction of the Case

  The plaintiff (AGA Medical Corporation Limited, USA) is the patentee of the invention patent Percutaneous Catheter Directed Occlusion Devices. In 2002, the plaintiff found that the defendant (Beijing HuaYiShengJie Technology Company Limited) was manufacturing occlusion devices for occluding abnormal openings of artery and atrial septum. On April 11, 2003, the attorney of the plaintiff took measures for conservation of evidence of the behavior of the defendant who offered to sell the above-mentioned products in Nanjing. After comparison, the product that the defendant offered to sell has all the necessary technical characteristics disclosed in Claim 1 of the plaintiff’s patent. Thus, the plaintiff considers that the behavior of the defendant was an infringement on the patent right of the plaintiff and requests the court to judge that the defendant should stop infringing and make a compensation of ￥ 2,000，000.

20^th courtroom   1：30 p.m.   July 12, 2004

5^th court of Civil Division, No.1 Intermediate People’s Court of Beijing

Judgment of the Intermediate Court

⒈ From the date that the present judgment goes into effect, Beijing HuaYiShengJie Technology Company Limited should stop the behavior of offering to sell, i.e. issuing Description of Using the Occlusion Devices for Occluding Abnormal Openings of Artery and Atrial Septum, exhibition boards and brochures on which occlusion devices for occluding abnormal openings of the ventricular septum, occlusion devices for occluding abnormal openings of the atrial septum, and occlusion devices for occluding abnormal openings of the artery belonging to AGA Medical Corporation Limited are printed;

⒉ Within 15 days from the date that the present judgment goes into effect, Beijing HuaYiShengJie Technology Company Limited should compensate AGA Medical Corporation Limited with ￥ 10,000;

⒊ Reject other requests from AGA Medical Corporation Limited.

The plaintiff (AGA Medical Corporation Limited) refused to accept （2004）No. 1 Intermediate Court Civil Judgment No. 03944, and appealed to the High Court. The High Court accepted and heard the case on Feb. 16, 2005, built up the full bench according to law, and held a court publicly on June 22, 2005.

Judgment of the High Court 

The technical characteristics of the accused product do not fall into the range of protection of the concerned patent. The judgment of the court of first instance that Beijing HuaYiShengJie Technology Company Limited should compensate for the loss of AGA Medical Corporation Limited with ￥ 10,000, which is made based on the infringement fact that Beijing HuaYiShengJie Technology Company Limited used the photo of the patent product of AGA Medical Corporation Limited for propaganda and the proper expenditure of AGA Medical Corporation Limited for the case, is appropriate.

First Oral Hearing Hall   morning   November 29, 2005

Patent Reexamination Board, invalidation request, oral hearing

Name of Invention:  Percutaneous Catheter Directed Occlusion Devices
Requestee:  AGA Medical Corporation Limited        

Requestor:  Beijing HuaYiShengJie Technology Company Limited

Result:  Not found